Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Rules and Regulations 24801 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a safety 

zone. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine Safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T13–139 to read as 

follows: 

§ 165.T13–139 Safety Zone; Tri-City Water 

Follies Hydroplane Races Practice 

Sessions, Columbia River, Kennewick, WA 

(a) Location. The following area is a 

safety zone: All waters encompassed 

within the area approximately two miles 

in length bounded by two lines drawn 

from shore to shore on the Columbia 

River; the first line running between 

position 46° 14′07′′ N, 119°10′42′′ W and 

position 46°13′42′′ N, 119°10′51′′ W and 

the second line running between 

position 46°13′35′′ N, 119°07′34′′ W and 

position 46°13′10′′ N, 119°07′47′′ W. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR Part 

165, Subpart C, no person may enter or 

remain in the safety zone detailed in 

paragraph (a) of this section or bring, 

cause to be brought, or allow to remain 

in the safety zone detailed in paragraph 

(a) of this section any vehicle, vessel, or 

object unless authorized by the Captain 

of the Port or his designated 

representative. See 33 CFR Part 165, 

Subpart C, for additional information 

and requirements. 

(c) Enforcement Period. The safety 

zone detailed in paragraph (a) of this 

section will be in effect daily from 7 

a.m. through 5:30 p.m. on May 7, 2010 

and May 8, 2010. 

Dated: April 22, 2010. 

F.G. Myer, 

Captain, U.S. Coast Guard, Captain of the 

Port, Portland. 

[FR Doc. 2010–10613 Filed 5–5–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 251 

Special Uses 

AGENCY: Forest Service, USDA. 

ACTION: Correcting amendment. 

SUMMARY: This document contains 

corrections to the final rule governing 

the Forest Service’s Special Use 

Program that was published in the 

Federal Register on March 26, 2010 (75 

FR 14495). 

DATES: Effective on May 6, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Julett Denton, Lands Special Uses 

Program Manager, (202) 205–1256. 

SUPPLEMENTARY INFORMATION: 

This correction adds paragraphs (A), 

(B), (C), and (D) to § 251.60 (a)(2)(i) 

which were inadvertently removed from 

the final rule and which are necessary 

to reflect properly the Forest Service’s 

authority to revoke or suspend special 

use authorizations under the Federal 

Land Policy and Management Act. 

List of Subjects in 36 CFR Part 251 

Administrative practice and 

procedure, Electric power, National 


emcdonald on DSK2BSOYB1PROD with RULES
24802 Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Rules and Regulations 

forests, Public lands––rights-of-way, 

Reporting and recordkeeping 

requirements, Water resources. 

■ Accordingly, 36 CFR part 251 is 

corrected to read as follows: 

PART 251—LAND USES 

Subpart B—Special Uses 

■ 1. The authority citation for part 251 

continues to read as follow: 

Authority: 7 U.S.C. 1011; 16 U.S.C. 518, 

551, 678a; Pub. L. 76–867, 54 Stat. 1197. 

■ 2. In § 251.60, revise (a)(2)(i) to read 

as follows: 

§ 251.60 Termination, revocation, and 

suspension. 

(a) * * * 

(2) All other special uses—(i) 

Revocation or suspension. An 

authorized officer may revoke or 

suspend a special use authorization for 

all other special uses, except a permit or 

an easement issued pursuant to 

§ 251.53(e) or an easement issued under 

§ 251.53(l) of this subpart: 

(A) For noncompliance with 

applicable statutes, regulations, or the 

terms and conditions of the 

authorization; 

(B) For failure of the holder to 

exercise the rights or privileges granted; 

(C) With the consent of the holder; or 

(D) At the discretion of the authorized 

officer for specific and compelling 

reasons in the public interest. 

* * * * * 

Dated: April 28, 2010. 

Thomas L. Tidwell, 

Chief, Forest Service. 

[FR Doc. 2010–10296 Filed 5–5–10; 8:45 am] 

BILLING CODE 3410–11–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 745 

[EPA–HQ–OPPT–2005–0049; FRL–8823–7] 

RIN 2070–AJ55 

Lead; Amendment to the Opt-Out and 

Recordkeeping Provisions in the 

Renovation, Repair, and Painting 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing several 

revisions to the Lead Renovation, 

Repair, and Painting Program (RRP) rule 

that published in the Federal Register 

on April 22, 2008. The RRP rule 

established accreditation, training, 

certification, and recordkeeping 

requirements as well as work practice 

standards on persons performing 

renovations for compensation in most 

pre-1978 housing and child-occupied 

facilities. In this document, EPA is 

eliminating the ‘‘opt-out’’ provision that 

currently exempts a renovation firm 

from the training and work practice 

requirements of the rule where the firm 

obtains a certification from the owner of 

a residence he or she occupies that no 

child under age 6 or pregnant women 

resides in the home and the home is not 

a child-occupied facility. EPA is also 

requiring renovation firms to provide a 

copy of the records demonstrating 

compliance with the training and work 

practice requirements of the RRP rule to 

the owner and, if different, the occupant 

of the building being renovated or the 

operator of the child-occupied facility. 

In addition, the rule makes minor 

changes to the certification, 

accreditation and state authorization 

requirements. 

DATES: This final rule is effective July 6, 

2010. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPPT–2005–0049. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number of 

the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Marc 

Edmonds, National Program Chemicals 

Division, Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 566–0758; e-mail address: 

edmonds.marc@epa.gov. 

For general information contact: The 

TSCA Hotline, ABVI–Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; e-mail address: TSCAHotline@epa.gov. 

Hearing- or speech-challenged 

individuals may access the numbers in 

this unit through TTY by calling the 

toll-free Federal Relay Service at 1–800– 

877–8339. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you operate a training 

program required to be accredited under 

40 CFR 745.225, if you are a firm who 

must be certified to conduct renovation 

activities in accordance with 40 CFR 

745.89, or if you are an individual who 

must be certified to conduct renovation 

activities in accordance with 40 CFR 

745.90. 

This final rule applies only in States, 

Territories, and Indian Tribal areas that 

do not have authorized programs 

pursuant to 40 CFR 745.324. For further 

information regarding the authorization 

status of States, Territories, and Indian 

Tribes, contact the National Lead 

Information Center (NLIC) at 1–800– 

424–LEAD [5323]. Potentially affected 

categories and entities may include, but 

are not limited to: 

• Building construction (NAICS code 

236), e.g., single-family housing 

construction, multi-family housing 

construction, residential remodelers. 

• Specialty trade contractors (NAICS 

code 238), e.g., plumbing, heating, and 

air-conditioning contractors, painting 

and wall covering contractors, electrical 

contractors, finish carpentry contractors, 

drywall and insulation contractors, 

siding contractors, tile and terrazzo 

contractors, glass and glazing 

contractors. 

• Real estate (NAICS code 531), e.g., 

lessors of residential buildings and 

dwellings, residential property 

managers. 

• Child day care services (NAICS 

code 624410). 

• Elementary and secondary schools 

(NAICS code 611110), e.g., elementary 

schools with kindergarten classrooms. 


emcdonald on DSK2BSOYB1PROD with RULES